Judge reverses bribery verdict against former Middlesex sheriff

SALUDA — Former Middlesex Sheriff Guy Abbott is a free man Thursday after the guilty verdict on two bribery charges was reversed.

Abbott was found guilty on Aug. 9 of soliciting bribes from two employees, one for $300 and another for $120. Abbott was facing sentences of 2 to 10 years in prison on each bribery count.

Prior to Abbott's sentencing, his attorney Craig Cooley raised the question of Abbott's intentions when he asked the employees for the money. Cooley argued to Judge Paul Sheridan that Abbott didn't explicitly solicit bribes as defined by state statutes.

"It's his state of mind that controls this," Cooley said. "I just don't think the evidence shows that."

Virginia Assistant Attorney General Shannon Dion argued Abbott's intentions were clear, saying the employees had a feeling their jobs would be in jeopardy if they did not comply.

"These men had no other choice" than to give Abbott the money, she said.

After hearing the arguments, Sheridan said the "community has been torn into factions over this case."

Then he reversed the guilty verdicts he imposed at Abbott's trial. The bribery statute has so many elements and requires more than an unspoken agreement that was the basis of the transactions, Sheridan said.

"Therefore, I acquit him," he said.

After Sheridan rendered his decision, Abbott's wife began sobbing and many of his family and friends in the courtroom quietly cheered the decision.

"I feel blessed," Abbott said outside the courthouse.

Abbott plans on spending a lot of time with his family now that the prospect of a lengthy prison term has been lifted. He thanked the supporters who stood by him during the trial.

"They know the truth about me," he said.

Abbott originally faced 25 counts of bribery, embezzlement and misuse of public funds. Sheridan found Abbott not guilty on 10 counts of bribery and embezzlement a day after he threw out 10 other counts brought against Abbott. Another three counts were dismissed by prosecutors.

In one of the bribery convictions, Abbott gave a $700 check to Middlesex Sheriff's Chief Deputy Michael Sampson II in 2006, then asked that $300 of the money be given back to him.

In the other bribery conviction, he gave a $120 check to Middlesex Sheriff's Lt. James Ellis and then asked for the money back.

Ellis testified that he had earned the money working as a security guard at the Virginia Motor Speedway. Ellis said Abbott told him to claim overtime through the Sheriff's Office to be reimbursed.

In both cases, the checks came from the Middlesex Sheriff's Office asset forfeiture fund, generated by seizures of cash, property and other items owned by convicted drug dealers.

In November, Abbott was voted out of office after three terms as sheriff, finishing second in a four-man race by 346 votes to David Bushey, a former Middlesex County Sheriff's deputy.